7-OH products, a concentrated synthetic kratom derivative, are displayed at a retail store in Bismarck on Aug. 5, 2026, hours before a state ban took effect. (Photo by Michael Achterling/North Dakota Monitor)
BISMARCK, N.D. (KFGO) – A bill passed by the North Dakota Senate that would have banned kratom and have penalties for its use and possession fails in the House by one vote.
Republican State Representative Kathy Frelich of Devils Lake voted against the measure. She mentioned bills advanced by the legislative management committee before the special session would have banned synthetic kratom or regulated natural kratom.
“What we didn’t hear was the testimony from people using the natural leaf kratom responsibly. There was no reason for them to show up or provide testimony because a total ban was not on the table,” Frelich said.
Frelich said legislative lawyers have told her counties and cities could make their own kratom bans under a House-passed bill regardless of home rule charter. It bans the sale and possession of natural kratom to those under age 21. The Senate is considering that legislation.
Dem-NPL State Representative Austin Foss of Fargo supported a full kratom ban saying some are using it to get off opioids.
“Replacing one highly-addictive drug with another is not good health policy. A clean ban keeps the door open for real, deliberate work later. Work that should center on medically-approved treatment and FDA-approved options for North Dakotans struggling with addiction right now,” Foss said.
The American Kratom Association said the House made the right decision by rejecting a natural kratom ban.
“Lawmakers have an opportunity to protect consumers through responsible regulation while targeting dangerous synthetic and chemically manipulated products. We urge the Senate to work with the House and put strong consumer protections in place for North Dakotans,” Organization officials tell KFGO.
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